Madras High Court
M.Rajagopal vs V.Damodharan on 7 April, 2021
C.M.A.No.338 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.338 of 2020
(Through Video Conferencing)
M.Rajagopal ... Appellant
vs.
1.V.Damodharan
2.The Branch Manager,
Bharathi AXA General Insurance Co., Ltd.,
1st Floor, Ferns Icon, Survey No.28,
Doddanekundi, Bangalore. ... Respondents
Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 28.01.2019
made in M.C.O.P.No.172 of 2017 on the file of the Motor Accident
Claims Tribunal (Special Subordinate Court) Krishnagiri.
For Appellant : M/s.V.Kumaravelan
For R1 : Mr.R.Vinothkumar
For R2 : Mr.S.Arunkumar
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C.M.A.No.338 of 2020
JUDGMENT
The appellant is the claimant in this Civil Miscellaneous Appeal.
He is aggrieved by the impugned Judgment and Decree dated 28.01.2019
passed by the Motor Accident Claims Tribunal (Special Subordinate
Court ), Krishnagiri in M.C.O.P.No.172 of 2017.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.2,40,000/- as compensation together interest at
7.5% from the date of claim petition till the date of realisation and cost,
to the appellant/claimant for the injury suffered by him.
3. After considering the evidence on record and considering the
nature of injury suffered by the appellant/claimant, the Tribunal has
awarded the amount of compensation of Rs.2,40,000/-. In this appeal, the
appellant seeks for enhancement of compensation.
4. The appellant-claimant met with an accident on 15.03.2015 at
about 7.00 p.m when the appellant – claimant was walking towards
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C.M.A.No.338 of 2020
Zuzuvaid Check Post after his work, when a Hyundai car bearing
Reg.No.KA.02.MJ 9752 belonging to the 1st respondent insured with the
2nd respondent -Insurance Company driven by its driver allegedly in a
rash and negligent manner knocked down the appellant, as a result of
which, the appellant sustained fracture in right leg, head injury and other
multiple injuries and all over his body.
5. The learned counsel for the appellant - claimant submits that
the Tribunal has not considered the loss of income for a period of six
months. It is submitted that the Tribunal has not also awarded any
amount towards future medical expenses. Therefore, it is prayed that the
compensation awarded by the Tribunal may be enhanced.
6. Learned counsel for the 2nd respondent-Insurance Company
submits that the impugned Judgment and Decree is well reasoned and
requires no interference. Therefore this appeal is liable to be dismissed.
7. I have considered the arguments advanced by the learned
counsel for the appellant and the learned counsel for the 2nd respondent
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C.M.A.No.338 of 2020
Insurance Company. I have also perused the evidence on record and the
impugned Judgment and Decree passed by the Tribunal.
8. Considering the fact that the Tribunal fixed the disability at
30%, I am inclined to enhance the compensation by another sum of
Rs.10,000/- towards permanent disability. The Tribunal has considered
notional income of the appellant as Rs.6,500/-. It is considered as
Rs.10,000/- p.m. for computation of loss of income for a period of six
months i.e. Rs.10,000/- x 6 = Rs.60,000/- . Thus, the compensation is
enhanced by another sum of Rs.30,000/- towards future medical
expenses. Therefore, the compensation awarded by the Tribunal is re-
quantified as follows:-
Heads Compensation Compensation Status
awarded by re-quantified (Enhanced or reduced
the Tribunal by this Court or confirmed or granted)
Permanent Disability *Rs.90,000/- #Rs.1,00,000/- Enhanced
Medical expenses Rs. 48,000/- Rs.48,000/- Confirmed
Future medical - Rs. 30,000/- Granted
expenses
Pain and Sufferings Rs.30,000/- Rs.30,000/- Confirmed
Nutrition and Rs. 15,000/- Rs. 15,000/- Confirmed
Attender charges
Loss of amenities Rs.30,000/- Rs.30,000/- Confirmed
and enjoyment of life
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C.M.A.No.338 of 2020
Heads Compensation Compensation Status
awarded by re-quantified (Enhanced or reduced
the Tribunal by this Court or confirmed or granted)
Partial loss of Income Rs.26,000/- **Rs. 60,000/- Enhanced
Total Rs.2,40,000/- Rs.3,14,000/- Enhanced by another
rounded off sum of Rs.75,000/-
to
Rs.3,15,000/-
** Rs.10,000/- x 6 months = Rs.60,000/-
9. Therefore, the 2nd respondent is directed to deposit the enhanced
amount of compensation of Rs.75,000/- (Rs.3,15,000 - Rs.2,40,000)
together with interest at 7.5% from the date of claim petition till the date
of such deposit, before the Tribunal, to the credit of the M.C.O.P.No.172
of 2017 on the file of the Motor Accident Claims Tribunal (Special
Subordinate Court) Krishnagiri, less any amount already deposited,
within a period of six weeks from the date of receipt of a copy of this
Judgment.
10. On such deposit, the appellant is permitted to withdraw the
same together with interest and cost, less any amount already withdrawn,
by filing suitable application before the Tribunal.
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C.M.A.No.338 of 2020
C.SARAVANAN,J.
kkd
11. Accordingly, this Civil Miscellaneous Appeal is partly
allowed with the above observations. No cost.
07.04.2021
kkd
To
The Motor Accident Claims Tribunal
(Special Subordinate Court) Krishnagiri.
C.M.A.No.338 of 2020
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